The Itezhi Tezhi Subordinate Court has committed a 31-year -old man of Lubanda in Chief Chikaza Munyama’s area to the High Court for sentencing after he was found guilty of defiling a mentally ill girl.
Gift Kainde, stood charged with one count of defilement of an imbecile contrary to section 139 of the Penal code Cap 87 of the laws of Zambia as read together with Act no. 15 of 2005.
Particulars of the offense allege that on March 11, 2022, in Itezhi Tezhi district of Southern Province , Kainde had carnal knowledge of a 15-year-old a girl he knew to be an imbecile.
According to the statement at Police, the mentally ill girl stated that on the material day, she was at Mr. Kasale’s bar, where there was a musical function.
She stated that while at the event, a person she knows as Gift Kainde approached her, grabbed her hand, and dragged her to a shop, secluded location where she was undressed and had sex with him.
The court further heard that he did not use a condom when he had sex with her and she returned to the function after the act.
She added that Kainde dragged her again to a nearby structure where he wanted to have another round of sex, but she screamed and people came to her aid.
The second witness was the mother of the victim, who testified that on the material day, around 22:00 hours, there was a musical function at a Mr. Kasale’s bar.
She stated that she was tipped off to go and see who his daughter was with, and when she arrived at the scene, she saw the accused with his trousers pulled down to his knees and his arms around her daughter.
She said when she confronted him, he became enraged and almost beat her, at which point she grabbed her daughter and took her home.
She further testified that when they arrived at home, her daughter informed her that she had sex with Kainde and then she contacted the neighborhood watch.
Meanwhile, the victim’s father, testified that his daughter was born with a mental illness on March 18, 2007.
On 11 March 2022, he was informed by his wife that someone had carnal knowledge of his daughter and that the assailant had been apprehended and was at the chief’s palace.
In his defense, Kainde narrated that on March 9, 2022, his wife left for Namwala Hospital and he remained at home to monitor the crops in the field.
He stated that around 08:00 hours, he discovered cattle grazing in his field and two boys were laughing at him adding that he whipped and warned them not to bring their cattle near the fields.
He stated that he was later invited to attend a musical function at Kasale’s bar.
“As I was dancing on the stage, the neighborhood watch approached me and told me that I was wanted at the palace, where I was charged with child assault,” he explained.
He said the next day, he saw the victim’s father and his mentally challenged daughter at the palace where was arrested and driven to Itezhi Tezhi Police Station after being accused of having an affair with the girl.
And in passing sentence, Magistrate Mugala Chalwe said she was satisfied that the defense have proved their case beyond all reasonable doubt against the accused for the offence of defilement of an imbecile.
Magistrate Chalwe has since committed Kainde to High court for sentencing
